The capital punishment handed out last week to the four young men accused of brutally raping a Delhi woman, eventually leading to her death, was meant to send an unmistakable message: although the Indian state has in recent times been extremely cagey about capital punishment, it is not out of bounds in crime cases that threaten to tear asunder the fabric of the society, which, in its revised interpretation, includes rapes.
The protests following the December 2012 gang rape led to a spate of changes in the Indian legal instruments, with the provision of maximum punishment of life imprisonment changed to death penalty in rape cases. [break]
The amended laws also make the questioning process of rape victims friendlier, and deem the victim’s ‘character’ irrelevant to final judgment. Goaded by such sweeping changes across the border, women rights activists in Nepal have also been pressing for more robust laws to protect Nepali women. In the latest twist to the tale, they have launched a three-week nationwide campaign against rape. Just like the Indian protestors, the campaigners here hope to get the government to amend rape related laws and establish fast-track courts to deal with rape cases.
But there are reasons to doubt such short-lived campaigns will produce the desired results. It makes one wonder: There are so many NGOs/INGOs working for women’s rights, and still so little has been achieved in making the lives of Nepali women any safer. We agree that existing laws must be revised. Currently, the law provisions for 5-8 years of imprisonment for raping women between 16 and 20, while someone who rapes a woman above 20 years gets 5-7 years. Similarly, raping a female below 10 years fetches 10 to 15 years of jail time. As the increasing trend of rapes indicates, these are not strong deterrents for possible rapists. Officially, three women get raped in the country every two days. But since only a tiny fraction of rape cases are reported, the actual numbers are likely to be much higher. The odds are stacked heavily against victims. If the victim fails to file a legal case within 35 days of an incident, the case is not even registered.
It thus appears like the campaigners have a valid case. Why have the desired changes been so slow in coming then? Does it owe to the apathy of activists who tend to kick into action whenever something like the Delhi rape verdict makes news, but otherwise are happy to limit themselves to symbolic protest rallies and sloganeering? Or should the greater blame be placed on the patriarchal state apparatus that resists any meaningful change and has found the convenient pretext of transition to delay vital reforms?
The highly popular Occupy Baluwatar movement, arguably, fell victim to the same tendency: no one could be held accountable in the growing climate of pervasive impunity. It is extremely important to sort out the political mess, no doubt. But with no end in sight to the prolonged transition, it would be extremely dangerous to wait for things on the political front to settle before the fight for women’s right can start in earnest. Unless the state actors as well as women’s rights campaigners are ready to work together and jointly press for change, the honor of thousands of Nepali women will continue to be on the line. The stepping stones to women-friendly legal instruments, including the new constitution, must start now.
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